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Registered sex offender accused of groping woman in Walmart

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A registered sex offender is facing new charges after police say he sexually assaulted a woman at a Macomb County Walmart last month.

Kirk Rogers, 56, of Roseville is accused of groping a woman while she was shopping at the Walmart at 51450 Shelby Parkway in Shelby Township, said Shelby Township Police Sgt. Kevin Bailey.

Police believe Rogers grabbed a 28-year-old Shelby Township woman by the buttocks as she reached for an item on the bottom shelf of the store on Oct. 23, Bailey revealed.

“She confronted him and then he claimed he was also after something off the shelf,” Bailey said. “She didn’t believe it because… his hand was on her butt for so long. She knew that wasn’t the truth.”

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The woman exited the store and noticed the man who grabbed her was behind her, Bailey said. The woman then saw him get into a silver Jeep Patriot.

The woman contacted police and gave them a detailed description of the vehicle, Bailey said. Police then used their FLOCK camera system, which Bailey describes as a passive system for capturing license plate numbers for investigative purposes, to identify the vehicle.

Ultimately, the woman chose Rogers from a lineup of photos, Bailey said.

According to online court records, Rogers was arraigned Oct. 29 in 41A District Court in Shelby Township.

While prosecutors originally filed a charge against Rogers of second-degree criminal sexual conduct – a felony punishable by up to 15 years in prison – an amended plea was filed the same day to reduce the charge to fourth-degree criminal sexual conduct, he said Dawn Fraylick , communications director for the Macomb County Prosecutor's Office. The change was based on the circumstances of the case and also that it involved an adult and not a child.

The fourth-degree charge is a so-called aggravated misdemeanor punishable by up to two years in prison, and Fraylick said its filing comes with a habitual offender notice that could increase time served.

A court clerk would not immediately confirm the details of the arraignment or filing over the phone; Online court records Thursday appeared to list a criminal code for a charge that neither the prosecutor nor defense attorney identified as part of the case.

Rogers' Warren and Florida-based attorney, William Barnwell, stressed in a statement that his client will not be convicted of the second-degree charge.

“As to the remaining charge, my client looks forward to his day in court,” he said.

Police's Bailey called the act in the case “disgusting,” echoing the sentiments of his boss, Shelby Township Police Chief Robert J. Shelide.

Shelide made a statement using the same word – and went further.

“I am pleased that the Shelby Township Police Department was able to get this vile individual off the streets before he could offend again,” he said. “This individual has been investigated and arrested multiple times for attacking young women and must be prevented from doing so again so that the residents of Shelby Township can feel safe and protected from these types of monsters.”

Bailey cited investigations at four other locations in the state.

The Michigan Sex Offender Registry lists one conviction online: a 2011 Macomb County matter of fourth-degree criminal sexual conduct involving sexual contact involving a person between the ages of 13 and 15.

According to Macomb County District Court online records, Rogers pleaded guilty to that charge, as well as to surveillance of an unclothed person at this time in 2011.

Court records show that Rogers was initially given credit for five years of probation and three days in jail in those matters, but was ultimately sentenced to a longer prison term in December 2013 after the court found he had violated the terms of his probation.

He was released in late 2014 with time served, the Macomb County Jail confirmed.

In his most recent case, Rogers was given a $5,000 bond with the option to post 10% or $500 for release.

He posted bail the same day, Bailey said.

Bailey expressed his condolences to the woman for what she had experienced. He said it was amazing that she was able to help so much with the investigation given the traumatic incident she had just endured.

He urged anyone who learns of similar incidents to contact their local police station.

This story has been updated to add video.

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